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FAQ's

If you fall in any of these categories it may be time to consider a Will:

Aged 18 years or older

have children

own an asset of value e.g. house, car, etc

have been recently married, engaged or divorced

have experienced a major event that affects your life

want to ensure that your estate is distributed fairly

Then you should have a legally binding Will in place to ensure your estate is secured.

If you do not have a Will, then you will die “intestate” meaning that your assets will be distributed according to a Government formulae and you will need to apply to the Supreme Court to appoint an Administrator.

A Will is a legal document setting out who you trust to administer your estate and who will receive your assets when you die. A Will is the only way to ensure that your assets are distributed according to your wishes and to ensure that your family’s needs are met.

Each State and Territory of Australia has legal requirements (set in statute) which if followed correctly will ensure that a Will is “legally binding”. If a Will is not legally binding then it has no force or effect at Law.

Some things that make a Will binding is the form of the Will, the signing clauses, and the witnessing requirements.

If you die without a Will you die "intestate". Essentially this means that in the event of your death:-

Your family will have to apply to the Court to appoint an Administrator of your Estate (incurring considerable costs).

Your assets will be distributed according to a Government formulae, i.e. certain family members will receive a defined percentage of your assets. Unless you have a Legal Will, despite your wishes, your Estate will be distributed according to the Government formulae.

If you have no surviving relations beyond cousins then your estate will pass to the Government.

If you do not have a Will, or if you have not included your spouse in your Will prior to marriage, then the marriage itself will invalidate your Will.
Unless your Will is made in contemplation of marriage, you must draft a new Will upon marriage as anything prior will be invalid.

If you obtain an order for divorce from an Australian Court then your existing Will becomes invalid to the extent that your former spouse obtains a benefit. Your Will is valid if you have separated but not obtained a divorce.

We recommend you keep it in either a fireproof safe or with your trusted accountant. Make sure you let your Executor/s know the location of your Will. Always have a copy of the Will with your important papers noting where the original is being kept.

In all Australian jurisdictions (States and Territories) someone must be appointed to attend to the administration of the estate of a deceased person. If that person is appointed by your Will then they are known as your “executor”. Their task is the “execution and administration” of the Will

Anyone can be appointed as an executor of the Will provided that they have the ability to give an oath to the court. Some people may be unsuitable as executors, for example, if they have not reached his or her age of majority (under 18), are absent from the jurisdiction, have mental incapacity, bankruptcy, or dissolute habits.

You can appoint as many executors as you like to administer your Estate. It is recommended however that you do not appoint any more than three (3) persons as any more may make the administration of your estate cumbersome. Our Will template provides that if there is more than one executor then they make their decisions by a majority.

Executors are also referred to as your “Legal Representative” or your “Personal Representative”.

It is the executors who have the right and are subject to the duty to dispose of the testator’s body. Please note however that the direction is not binding on the executor. You should appoint executors who are sympathetic to your wishes and you should ensure that they are aware of those wishes in good time as sometimes body directions are not known as the will may not be read before the funeral.

Our Will templates allow you to make a direction that your body be either, buried, cremated, or used for scientific purposes and allow you to nominate for organ donation.

You can gift specific items to your beneficiaries pursuant to your Will. Caution however must be taken with giving specific gifts. If, for example, you gift an item of personal property and that property is subsequently disposed of during your lifetime, then the gift will fail.

If the gift is disposed of and replaced before the your death, your beneficiary may receive nothing if there was an ademption or, worse, with a difficult problem of construction of the Will if it is not clear whether there was an ademption or not. Shares, for example, are vulnerable if there is a company restructure. You must make every effort to ensure that the subject matter of the gift is accurately and sufficiently described.

A beneficiary is someone who inherits an item in the Will. A beneficiary can be a person, group of people or an organisation. The executor of your Estate has a duty to inform your beneficiaries of the nature and extent their entitlement under the Will.

Many beneficiaries still mistakenly assume that they should be invited to a “reading of the Will” just like in many old movies, this is not a legal requirement.

Yes you can. Using our Will template you may wish to exclude one or more persons from your Will. You should consider legal advice if you are concerned that you have a relative, spouse, former spouse, de facto spouse, partner, domestic partner, past or present dependant or any other person who might be eligible to make a claim out of your estate

If you decide to exclude someone from your Will then you must ensure that you record in our Will template detailed reasons why that person should be excluded.

If you have superannuation then you are a member of a superannuation fund. Superannuation cannot be distributed pursuant to your Will as technically you do not own the superannuation benefit, you are a beneficiary of the fund which is disbursed by the Superannuation Trustee in accordance with the terms of the Superannuation Deed. You must therefore check with the Superannuation Trustee of the fund to ensure that you have nominated a person to receive your superannuation entitlements upon your death.

Generally, you may elect with your Superannuation fund to make either a Binding or Non-Binding nomination of beneficiaries to whom your accrued superannuation entitlements will be paid in the event of your death.

A Non-binding nomination of preferred dependents is not binding on the Superannuation Trustee, but will assist the Superannuation Trustee in exercising its discretion. The Superannuation trustee will determine what proportion of your entitlements goes to one or more of your dependants or your legal representative on your death. Unless the Superannuation Trustee decides to pay the benefits to your estate, your entitlements will not form part of your estate and will therefore not be subject to the terms of your Will.

A Binding nomination of dependant(s) or your legal personal representative(s) will bind the Superannuation Trustee to pay your entitlements on your death exactly as you specify. Your nomination will only be binding if it is made in accordance with the relevant requirements of the Superannuation Deed. You are able to nominate both individual beneficiaries and your legal personal representative(s) in whatever proportions you may choose. Thus you may choose beneficiaries outside of your Will or choose the beneficiaries named in your Will by nominating your “Legal Representative”.

Note that the term “dependant” is generally defined as:

the spouse of the person, any child of the person and any person with whom the person has an interdependency relationship at the relevant time (being in the case of a deceased person the date of their death); and

any other person who in the opinion of the Superannuation Trustee is at the relevant time (being in the case of a deceased person the date of their death) wholly or partially dependent on the person.

Two persons have an interdependency relationship if:

they have a close personal relationship; and

they live together; and

one or each of them provides the other with financial support; and

one or each of them provides the other with domestic support and personal care.

Two people have an interdependency if they have a close personal relationship but do not satisfy the other requirements of an interdependency relationship because either or both of them suffer from physical, intellectual or psychiatric disability. You will need to refer to your superannuation fund in relation to the above.

To be on the safe side however, we suggest that you give a direction in your Will in relation to the disbursement of the superannuation. The direction pursuant to the Will is not binding on the Superannuation Trustee.

Every State and Territory throughout Australia gives each parent the right to appoint a guardian or guardians by will or deed to act after his or her death. You should ensure that you communicate with the other parent of the children to make sure that the guardianship arrangements for the children are co-ordinated.

A Guardian should be someone you trust and knows how you wish to have your children raised. It is a good idea to contact the people you have chosen as Guardians to discuss their appointment in your Will.

If you are appointing more than one guardian then you should consider whether or not a conflict may develop between the appointees.

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Terms & Conditions

1. The Online Will Centre® Trade Mark is exclusively licensed to Web of Intrigue Pty Ltd A.C.N. 625 804 220 (“the Company”). The Company is the owner of the website www.onlinewillcentre.com.au (“the Website”).

2. The website and the materials herein are provided "as is". The Company makes no representations or warranties, either express or implied, of any kind with respect to the Website, its operation, contents, information or materials. The Company expressly disclaims all warranties, express or implied, of any kind with respect to the Website or its use, including but not limited to merchantability and fitness for a particular purpose.

3. You agree that the Company, its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the Website. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.

4. The Website may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that the Company is not responsible for the operation of or content located on or through any such site.

5. These terms and conditions may vary from time to time, and it is our right to vary them by publishing them on this website. You agree that by doing this we have provided you with sufficient notice of the variation. It is your responsibility to review these terms regularly, and lack of knowledge of these terms and conditions shall not constitute a lack of agreement to them on your part.

6. Information provided within the information sections on the Website, including dispatch information, about us and privacy policy also form part of these terms and conditions.

We are not Lawyers

7. The proforma documents published on the Website have been prepared by lawyers. The Company is not a law firm and it does not give legal advice.

8. The Will document provided on the Website is a template. You insert your data fields and our software places that data into the Will template. A Will is a legal document and the online template may not be suitable for all. You should seek legal advice if any of the below circumstances relate to you, we recommend you consult a solicitor:

You have an interest in a business;

You have complex financial arrangements or substantial assets;

You are contemplating marriage, separation or divorce;

You would like to exclude a child or other relative from receiving an inheritance under your Will;

You own international real estate (outside of Australia);

You are a bankrupt or at risk of being a bankrupt;

You have complex tax arrangements, including fixed and/or discretionary trusts;

You own shares in a company;

You are a beneficiary of a trust.

You are a beneficiary of someone’s deceased Estate and you are yet to receive your final distribution;

You are unsure and you think you require advice.

We are not Accountants

9. You acknowledge that the Company is not an accountancy firm nor does it give accountancy advice.

10. It is recommended that you seek the advice of a qualified accountant if:-

You have an interest in a business;

You have complex financial arrangements or substantial assets;

You are contemplating marriage, separation or divorce;

You would like to exclude a child or other relative from receiving an inheritance under your Will;

You own international real estate (outside of Australia);

You are a bankrupt or at risk of being a bankrupt;

You have complex tax arrangements, including fixed and/or discretionary trusts;

You own shares in a company;

You are a beneficiary of a trust.

You are a beneficiary of someone’s deceased estate and you are yet to receive your final distribution;

You are unsure and you think you require advice.

11. Taxation laws are constantly changing as are the taxation implications of Capital Gains Tax, Income Tax and Death Duties that may apply to your Estate and/or your bequests under your Will.

12. Additionally all debts of the Estate (including any outstanding shareholder loans) must be satisfied before any distributions can be made. This could naturally affect your intentions as to who might ultimately benefit from your Estate.

13. The Company does not undertake any responsibility in relation to the incidence of taxation on part or all of your estate, either to you, your estate, or any person who is might be interested in your estate, including any beneficiary.

14. Before signing your Will you should seek expert accountancy advice on all taxation and other implications.

Payments

15. All prices are quoted in Australian Dollars and include GST (Goods and Services Tax) where applicable. All prices and product information is subject to change without notice.

16. There are inherent risks in transmitting information across the Internet and therefore any information you do so transmit is at your risk. The Company is not liable for your transmission of information across the Internet or the use of your information by third parties that link their websites to ours. This disclaimer extends to such activities whether caused by the negligence of the Company, its employees, agents, contractors or otherwise.

17. Payment must be received in full including any delivery fees, before products will be supplied.

Indemnity

18. You agree to defend, indemnify and hold the Company, its employees, servants and agents harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to legal fees) arising from your violation of this agreement or any third-party's rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive any termination of this agreement.

Returns

All goods sold in Australia come with guarantees that cannot be excluded under the Australian Consumer Law.

You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

There are nine consumer guarantees that apply to goods you purchase:

Acceptable quality;

Fit for a particular purpose

Match description;

Match the sample or demonstration model;

Express warranties will be honoured;

Spare parts and repair facilities will be available for a reasonable time after purchase;

Title to the goods;

Undisturbed possession of the goods;

No undisclosed securities on the goods.

Consumer guarantees cannot be excluded. There may be circumstances where you are not entitled to a remedy. For further information about the Australian Consumer Law and consumer guarantees, visit www.consumerlaw.gov.au.

Privacy Policy

Application

This Privacy Policy applies to all personal information collected by Web of Intrigue Pty Ltd A.C.N. 625 804 220 (OWC/we/ our/us) through our website located at www.onlinewillcentre.com.au, any related OWC website, social media page, internal website intranet and any OWC mobile applications (each, a Website) and through the licensing of databases containing personal information to OWC by third party providers and the privacy of individuals who provide personal information by any other means to OWC, including either physically or electronically (together, the Collection Channels).

How to contact us about privacy

You may contact us with any queries you may have in respect of this Privacy Policy or your personal information by contacting:

Personal information is important to OWC

1. OWC is committed to safeguarding personal privacy. We recognise that you have a right to control how your personal information is collected and used. Providing personal information is an act of trust and it is taken seriously. Unless given consent to do otherwise, we will only collect and use personal information as set out below.

2. Throughout this Privacy Policy, we refer to your 'personal information', which means information which identifies you as an individual or which renders you reasonably identifiable. Your full name, gender, date of birth, home address, home telephone number, mobile telephone number, email address, financial information, and marital status are examples of information which may constitute personal information. Personal information may also include information we may collect about your individual preferences.

3. We have developed and implemented this Privacy Policy with respect to personal information to reflect world best practice on privacy policies. These principles meet and exceed the requirements of the Privacy Act 1988 (Cth) (as amended) and the 13 Australian Privacy Principles.

4. In order to keep up with changing legislation and best practice, we may revise this Privacy Policy at any time without notice. We will post any changes to this Privacy Policy on our Websites, so we encourage you to check this Privacy Policy from time to time.

5. In addition to the provisions of this Privacy Policy, there may also be specific and additional privacy and consent provisions that apply to certain Collection Channels. Because those specific and additional provisions also relate to your privacy protection, we recommend that you review them wherever they appear. In the event of any inconsistency between the provisions of this Privacy Policy and those other specific and additional provisions, the specific and additional provisions will prevail.

Kinds of Personal Information that we collect and hold

6. Personal information that may be requested includes:
• contact information such as your full name, date of birth, mobile telephone number, current and valid email address, residential address and postcode;
• more detailed contact preferences, information regarding your professional interests and information about your experience with our products or services or third party products or services listed on a Website. This information is requested in order to tailor our subsequent communications to you and continuously improve our products and services;
• your credit card details (where you purchase any products or services from us); and
• the contact details of third parties. If you are asked to provide details about other people, please ensure that these individuals are happy for their details to be given to OWC and used for the purposes set out in this policy (which may include using their details for marketing purposes).

How we collect and hold Personal Information

7. We will only collect or monitor any personal information about you with your consent including as provided in this Privacy Policy or if it is otherwise lawful to do so. The only personal information collected by us is what has been provided to us or to third parties in accordance with this Privacy Policy.

Active Information Collection

8. Personal information may be collected (and combined) via our Collection Channels if you:
• have previously provided us with personal information prior to this Privacy Policy coming into effect, either directly from you personally or via a third party;
• have provided personal information to legitimate third party sources or organisations that share data in circumstances where it is lawful and/or you have given consent for them to do so;
• sign-up and/or register to become a member of any Collection Channel;
• subscribe to any newsletters, updates or information about our products or services or other information services as well as third party products or services;
• complete and submit any forms to us;
• contact us directly in person or via any medium including mail, telephone, social media and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) FM (Facebook Message), and email) including via the contact details listed on a Website;
• interact with a Website for a specific purpose; or
• interact with or browse a Website generally.

9. Personal information is requested in order to facilitate or provide you with certain content, products or services, and information about such content, products or services (including the uploading, access to, and receipt of content on a Website, and purchase transactions undertaken on a Website), marketing materials, newsletters, electronic newsletters (e-newsletters), news and media releases / launch information, and also to advise you of other OWC or third party products, services, offers, competitions or events which may be of interest. No one is obligated to provide personal information. However, failure to do so may result in OWC being unable to facilitate or provide you with certain content, products or services, products or services information, upcoming promotion, competition, offer or event information or accept competition entries (where applicable).

10. Personal information collected will be used for the following primary purposes:
• For the purposes for which it was collected (as advised in this Privacy Policy).
• For the purposes stated in a privacy collection statement on a particular Collection Channel.
• To maintain the functionality of a Website, including the provision of information to you relating to the content available on the Website and e-commerce transactions conducted via the Website.
• To fulfil obligations in respect of any upload terms of use, sale and purchase contract and/or any other contract between you and OWC.
• To send you any technical, administrative or legal notices important to our Websites.
• To provide you with information about your transactions (including uploading, access to, and receipt of content on a Website, and purchase transactions undertaken on a Website), content, services and products, to provide direct marketing materials, events, special offers, competitions and promotions in person and via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Messaging Service), IM (Instant Messaging), FM (Facebook Message) and email) or any other form of electronic, emerging, digital or conventional communications channel.
• To maintain our relationship with you.
• To render services related to the company of OWC (such as enquiries).
• To provide you with newsletters via mail and electronic newsletters (e-newsletters) via commercial electronic messages.
• To respond to customer enquiries and for complaint handling purposes.
• To improve Website and system administration.
• To obtain opinions or comments about products and/or services and to conduct other research and development.
• To record statistical data for marketing analysis and to conduct market research.
• To share personal information with OWC group companies, our promotional partners and other trusted third parties in the manner described below.
• To share personal information with third parties in order that they may provide you with direct marketing materials, events, special offers, competitions and promotions in person and via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Messaging Service), IM (Instant Messaging), FM (Facebook Message) and email) or any other form of electronic, emerging, digital or conventional communications channel.
11. For the purposes described above, personal information may be shared with OWC group companies, OWC promotional partners and other trusted third parties including contractors (and their directors, servants and agents) either in Australia or overseas. The overseas locations where your personal information will be sent will depend upon the requirements of the third parties with whom we share personal information. Failure to provide personal information may result in OWC being unable to provide you with certain content, information, upcoming promotion, event or product information or being unable to provide your personal information to third parties for direct marketing purposes (where applicable).

12. In order to operate a Website or deliver a service (including for example, processing of credit card payments), personal information may also be shared with OWC group companies, selected service providers and/or other trusted third parties either in Australia or overseas countries which may include but are not limited to UK, USA, China and New Zealand. OWC group companies, selected service providers and/or other trusted third parties may be engaged by OWC to perform a variety of functions, such as data storage, fulfilling orders, conducting market research, processing credit card payments, assisting with promotions and providing technical services for our Websites. These companies may have access to personal information if needed to perform such functions. Your credit card details are only used to facilitate your purchase OWC. They are not used for any other purpose and will never be supplied to a third party.

13. OWC recognises the trust with which you provide personal information, and except as stated in this Privacy Policy, such information will not be used or disclosed for any other purposes without consent. However, OWC reserves the right to use or disclose any information, including personal information, as needed to satisfy any law, regulation or legal request, to protect the rights or property of OWC, any member of the OWC group, or any member of the public, to protect the integrity of a Website, to fulfil your requests, or to cooperate in any law enforcement investigation or an investigation on a matter of public safety.

Contact by OWC

14. OWC group companies (and their directors, servants and agents), OWC promotional partners or trusted third parties (and other selected service providers and other non-OWC companies or professionals) either in Australia or overseas, may contact you via telephone, SMS (Short Message Service), MMS (Multimedia Messaging Service), IM (Instant Messaging), FM (Facebook Message) and email, post or any other form of electronic, emerging, digital or conventional communications channel using the information provided in order to contact you in respect of the primary purposes for collection of personal information as stated above.

15. OWC does not send advertising or marketing information without obtaining prior consent, for example the consent contained within this Privacy Policy. If you receive communications from OWC or an OWC group company or OWC promotional partners, which you do not wish to receive, you may remove your name from the database either by utilising the functional unsubscribe facility (if the communication is via commercial electronic message) or by contacting OWC in writing:

16. Despite removing your name from the database from receiving future advertising and marketing information, OWC may send you non-commercial “Administrative Emails”. Administrative Emails relate to a OWC user account and may include administrative and transaction confirmations, requests and inquiries or information about a particular OWC user account. If you do not wish to receive such communications from OWC, you may remove your name from the database by utilising the functional unsubscribe facility.

Your right of access

17. You have the right to access and review your personal information that may be recorded on the OWC database. Information may be reviewed by contacting OWC’s privacy officer via email: hello@onlinewillcentre.com.au or telephone: 07 5665 3100. Please allow 30 days for this request to be processed.

Changing and deleting the information we have about you

18. Information may be reviewed by contacting OWC’s privacy officer via email: hello@onlinewillcentre.com.au or telephone: 07 5665 3100. Please allow 30 days for this request to be processed.

19. In the same way, a request may be made to delete personal information, and all reasonable steps to delete the information will be made, except where it is required for legal reasons. Deletion of information may result in OWC being unable to facilitate or provide you with information about certain transactions (including the uploading, access to, and receipt of content on a Website, and purchase transactions undertaken on a Website), other content, services or product information, upcoming promotion, competition or event information, and/or provide certain content, goods or services.

20. We are not responsible for removing your personal information from the lists of any third party who has previously been provided your information in accordance with this policy.

Storage and security of personal information

21. We will endeavour to take all reasonable steps to keep secure any personal information recorded (including your credit card details), and to keep this information accurate, up to date, complete and relevant. The information is stored on secure servers that are protected in controlled facilities. This service may be performed on our behalf and data may be hosted by our selected data storage providers. In some cases these facilities may be overseas, including in USA, China, UK and NZ.

Disclosure of personal information to overseas recipients

22. In some cases, we may disclose your personal information to overseas recipients, including but not limited to recipients in USA, China, UK and NZ. The recipients employees, data processors and other trusted third parties are obliged to respect the confidentiality of any personal information held by us. However, security of communications over the Internet cannot be guaranteed, and therefore absolute assurance that information will be secure at all times cannot be given. We will not be held responsible for events arising from unauthorised access to personal information.

OWC and links to other websites

23. Our Websites may, from time to time, contain links to the websites of other organisations which may be of interest to you. Their inclusion cannot be taken to imply any endorsement or validation by us of the content of the third party website. Linked websites are responsible for their own privacy practices and you should check those websites for their respective privacy statements. OWC is not responsible, nor does it accept any liability, for the conduct of companies linked to our Websites.

24. We may use third party advertisements on our Websites. All third party advertising, if paid for, is paid for by the relevant third party advertisers and are not recommendations or endorsements by OWC or any of its affiliates. OWC is not responsible for the content (including representations) of any third party advertisement on a Website. Cookies may be associated with these advertisements to enable the advertiser to track the number of anonymous users responding to the campaign. We do not have access to or control of cookies placed by third parties.

Sale of the Company

25. If OWC merges with, or is acquired by, another company, or sells all or a portion of its assets, your personal information may be disclosed to our advisers and any prospective purchaser’s adviser, and may be among the assets transferred. However, personal information will always remain subject to this Privacy Policy.

Problems or queries

26. If you have any questions about our Privacy Policy, or any problems or complaints about how we have collected, used, stored, handled and/or disclosed your personal information, please contact our privacy officer via one of the following channels:
The Privacy Officer
Web of Intrigue Pty Ltd
Level 5, Southport Central Tower 2
5 Lawson Street
Southport Qld 4215
Please allow 30 days for this request to be processed. If you do not receive a satisfactory response from OWC to your query, problem or complaint within 30 days, you may refer your query, problem or complaint to the Office of the Australian Information Commissioner via the contact details listed at http://www.oaic.gov.au/about-us/contact-us-page.